Petitioner sought writ and order under Art. 226 and inherent jurisdiction to direct respondents to disburse land acquisition compensation after non-receipt of cheque following re-validation. Court ordered payment.
Direction to respondents to hand over revalidated compensation cheques to the petitioner within three weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
I
[32s6 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
MONDAY. THE TWENTY SIXTH DAY OF DECEIVIBER TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR
WRIT PETITION NO: 895s OF 2022
Between:
Mohd Shafiuddin, S/o. Late Mohammed Rafiuddin Aged about 41 years, Occ Business, R/o. H. No 22-7-37 512, Mandl Miralam, Kunche Muragh Khana, Hyderabad, T.S.
...PETITIONER
AND
.,.RESPONDENTS
Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affadavit filed therewith, the High Court may be pleased to issue a Writ, Order or Darection more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondent No.2 and 3 in non disbursing the compensation amount of Rs.1 ,15,90,745^ to the petitioner pursuant to the award proceedings No tu51|SRDP/2020, dated 17-3-2021, passed by Respondent No.3 in lieu of the acquisition of the Petitioner's Property bearing Municipal No B-1 3-1 25, admeasuring 268.75 sq.yds., situated at Shivrampally, Hasan Nagar, Hyderabad, T.S., without considering the representation dated 15-12-2021 as illegal, arbitrary, void and unconstitutio na I and consequently direct the Respondent No.2 and 3 to disburse the compensation amount of Rs.1,15,90,7451 to the petitioner pursuant to the award proceedings No A/51/SRDP/2020, dated 17 -3-2021 , by duly considering the representation dated 15-12-2021 in the interest of justice.
lA NO: 1 OF 2022
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed rn support of the petition, the High Court may be pleased to direct the Respond(,nt No 2 and 3 to disburse the compensation amount of Rs.1,15,90,745l- to the petitioner pursuant to the award proceedangs No.Ais 1/SRDP/2020 dated 17 -3-2021 , by duly considering the representation dated 15-12-2021 in'he interest ofjustice.
Counsel for the Petit oner: SRI M.A. BASITH
Counsel for the Resp ondent No.1 : GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT
Counsel for the Respondent No.2: SC FOR GHMC
counsel for the Respondent No.3: GP FoR LAND ACQUISITION
The Court made the f :llowing: ORDER
n
THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR SIRIT PETITION No.8955 of 2022
ORDER:
It is represented by learned Govemment Pleader for Land Acquisition that the cheques that were prepared in the name ol the petitioner were in the process of re-validation and they will be revalidated and issued to the petitioner within a short time.
Miscellaneous Petitions, if any, pending in this writ petition shall stand closed
SDI.T.SRINV DEPUTYREGIST R
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WP.No.8955 of 2022
DISPOSING OF THE WRITPETITION WITHOUT COS"S
,
1 issue framed by the court
Whether the High Court should direct the respondents to issue compensation cheques to the petitioner.
2 provisions across 2 enactments
Mohd Shafiuddin
The State of Telangana
GHMC
The Special Deputy Collector, Land Acquisition
Mummini Sudheer Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
